LAST UPDATED JUNE 10, 2022
Welcome to the Drunk Elephant website, www.drunkelephant.ca (the “Website”).
Shiseido (Canada) Inc., on behalf of its Drunk Elephant Skincare brand (“Drunk Elephant”), provides the content and services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before using the Website. By accessing and using this Website, you (and your parent/legal guardian on your behalf, if you are under the legal age of majority in your province/territory of residence) signify that you have read, fully understand and agree to be legally bound by these Terms and Conditions and to comply with all applicable laws and regulations as they may change from time to time. If you do not agree to be legally bound by these Terms and Conditions, you are not permitted to use our Website.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.1. PRIVACY
Please review our Privacy Policy, which also governs your visit to the Website, for details about what information we collect and how we use it. This policy explains how we treat your personal information, and how we protect your privacy when you use the Website. You agree to the use of your data in accordance with our Privacy Policy.2. SHIPPING & RETURN POLICY
Please review our Customer Care policies which governs purchases you make on the Website, if any, so that you may understand our sales practices.3. WEBSITE INTENDED AUDIENCE
This Website is intended for and directed to residents of Canada. This Website is not intended to be visited by anyone under the age of 13.
You must have reached the legal age of majority in your province/territory of residence to make a purchase on our Website.
4. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Website, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
5. INTELLECTUAL PROPERTY
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Drunk Elephant, our affiliates, partners or licensors, and is protected by Canadian and international copyright laws.
The trademarks, logos, certification marks and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Drunk Elephant, our affiliates, partners or licensors, in Canada and other countries, and are protected by Canadian and international trademark laws. Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose, except: (i) as strictly required to allow your personal, non-commercial use of the Website (for which we grant you a non-exclusive and revocable license to make personal and non-commercial use of the Website) (the “Limited License”); or (ii) as outlined in our prior written consent provided to you (a “Individual License”). Requests for an Individual License should be directed to our New York office at the address specified below.
Drunk Elephant Skincare
390 Madison Avenue
New York, NY 10017
For greater certainty, the Limited License only allows you to view, download or print materials from this Website for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This Limited License does not include any rights not specifically enumerated herein. Your use of the Website does not grant or transfer to you any ownership or other rights in the Website content (including without limitation the Content and Trademarks), and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of Drunk Elephant’ or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Website in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Drunk Elephant. For greater certainty, you agree that you will not take any action that is inconsistent with Drunk Elephant’s exclusive ownership of the Website, nor Drunk Elephant’s ownership of, or any third party’s ownership of, any Website content (including without limitation the Content and Trademarks).
6. ELECTRONIC COMMUNICATIONS
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
7. MOBILE FEATURES
We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse the Website from your mobile device, upload content to the Website, receive messages from the Website, download applications to your mobile phone or access Website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier when you use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.